Questions tagged [extraterritorial-jurisdiction]

Extraterritorial jurisdiction is when the laws of a particular nation are applied outside that nation's territory.

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Does Spain have extraterritorial jurisdiction?

Does Spain have extraterritorial jurisdiction for any crimes? The extraterritorial jurisdiction in Spain could be for: Crimes committed by a Spanish national abroad. Crimes committed by a guest ...
-4 votes
1 answer
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How do I keep my web site out of Europe?

Say I want to publish a web page that includes URLs for for Google-hosted font files in its stylesheet. If your user agent deigns to, it can download those font files and display the page with them. ...
1 vote
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Do any other consumer rights laws have extraterritorial applicability to international organisations that cater to British or European customers?

The GDPR purports to bind any organisation, wheresoever it may be based, that serves individuals based in the EU, or (as the case may be) the UK. The GDPR governs the obligations of organisations and ...
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1 answer
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Does any country apply universal jurisdiction to coups d'état?

Several countries apply universal jurisdiction when suspects are prosecuted for major crimes such as genocide, war crimes, ethnic cleansing and crimes against humanity. Among other examples, this ...
1 vote
2 answers
132 views

Are US employees able to work remotely while abroad?

There has been an increase in employees working remotely while abroad, especially during/after COVID. Sometimes without telling their bosses. Is it legal for US employees to work (for a US company) ...
1 vote
1 answer
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What is it about the SDNY that results in the phenomenon captured by the slang name "Sovereign District of New York"?

The SDNY seems to hear a lot of high-profile civil and criminal cases that many might argue verge on jurisdictional overreach or extraterritorial jurisdiction. In any case they certainly see a lot of &...
1 vote
1 answer
151 views

Limits of navy jurisdiction/authority in international waters

Once and then I read news about US navy stopping, searching and even sinking commercial vessels flowing non-US ensign (most recently Iranian). Sometimes news regard navy vessels not conforming to ...
-2 votes
1 answer
75 views

By what mechanism does GDPR jurisdiction bind data controllers that operate outside the EU?

If you process the data of data subjects resident in the EU then you are supposed to be bound by the GDPR no matter where you are located. Why care what the GDPR says if you don't have a presence in ...
1 vote
1 answer
227 views

Can Tunisia prosecute for crimes committed outside its territory?

I was doing some research into extradition recently, having been inspired by The Great Train Robbery. Since the story involved extradition of British nationals, that committed a crime within the UK, I ...
1 vote
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66 views

What are the limits to extraterritorial jurisdiction of US states?

For the sake of argument, let's say a US state tries to criminalise a medical procedure that is completely legal in many other states. Has the Supreme Court ruled on the specific limits of that state'...
5 votes
2 answers
1k views

When does US state law apply on the high seas?

Closely related: What is the furthest point from land at sea where individual U.S. state laws apply? , but in reference to US territorial waters. It is pretty clear that at least some US federal laws ...
0 votes
1 answer
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Could a country be formed in Antarctica if the new country didn't sign the Antarctic act?

If somebody left their country with a few hundred or even thousand others, took supplies and all materials needed to start there, could somebody form a country in Antarctica? The first answer is ...
17 votes
3 answers
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Why can the UK's Competition and Markets Authority tell Facebook to sell Giphy?

The UK's Competition and Markets Authority (CMA) tells Facebook owner to sell GIF library Giphy. But since Facebook (now Meta) is an American company, what authority does the UK have to tell Facebook ...
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1 answer
157 views

Does Germany excercise extraterritorial jurisdiction over its citizens?

Let me describe you a hypothetical that motivates the subject question; a German citizen has been sent on an official government business overseas (let's say an ambassador outside of the EU). On this ...
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1 answer
135 views

Why does the US not exercise universal jurisdiction in cases of human rights violations?

In the recent supreme court case Nestlé USA Inc. v. Doe, the court ruled that Nestlé USA could not be sued for actions it took overseas--specifically, it could not be held liable for knowingly aiding ...
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If a crime applies extraterritorially under the Special Maritime and Territorial Jurisdiction, can it be applied when committed in a foreign country?

I’ve been finding this confusing. If Bob, a US citizen, commits a crime in country A, which is illegal extraterritorially under the Special Maritime & Territorial Jurisdiction, does this mean he ...
2 votes
1 answer
745 views

Can Bob be convicted by the US for viewing fictional child pornography hosted by a US site while viewing it in a non-US country?

The wording on the relevant legal literature confuses me. According to 18 US Code 2252: Any person who.. (2) knowingly receives, or distributes, any visual depiction using any means or facility of ...
2 votes
2 answers
58 views

Could a third party be forced to hand over data if it is headquartered outside the US?

In the run-up to Epic v. Apple, Apple as the defendant has requested information via court from several companies that while not involved directly in the lawsuit, could be relevant for making Apple's ...
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1 answer
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Circuit court misquotes supreme court: what precedent does district court follow?

In United States v. Bowman (1922), the Supreme Court ruled that the presumption against the extraterritorial application of a statute does not apply to statutes that are "not logically dependent ...
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Claiming *forum non conveniens* after extended "shadow litigation"

Can someone claim that a particular forum is inconvenient after challenging service through a proxy (the recipient), thus essentially "shadow litigating" intensively for an extended period ...
5 votes
2 answers
278 views

Does EU/US copyright law follow its citizens wherever they go?

Abby lives in the European Union or United States. Abby visits Ben in Country X, which has no copyright laws. Ben has a copy of a movie that is protected under the copyright laws of Abby's home ...
0 votes
2 answers
273 views

Can the law of a country be applied over a resident of another country? [duplicate]

Let's say for example that I am the resident of country X. I'm a hacker and I decided to hack into bank accounts of people from Saudi Arabia. However, Saudi Arabia has a law which prohibits hacking ...
1 vote
1 answer
164 views

Original work or derivative work if published posthumously and never previously registered?

I'm trying to determine how a literary work should be registered -- as a derivative work with two authors, or as a derivative work with me as claimant and author? Or neither? Details: My mother wrote ...
0 votes
1 answer
105 views

To what extent can a country criminalize acts outside its territory?

Indonesia prohibits pornography. If someone creates porn in Indonesia, that's illegal. What about if an Indonesian citizen creates porn somewhere else? What about if a non-Indonesian is a porn star ...
4 votes
3 answers
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Is the illegality of an action constrained to a country?

John is a citizen of country X. Doing action A is illegal in his country. He travels to country Y where action A is legal (officially legal, that is codified as being legal, not merely tolerated) and ...
3 votes
2 answers
488 views

How long an arm does the U.S. have against foreign "violators" of U.S. law outside the U.S.?

Suppose there is a foreign manufacturer who observes say, anti-pollution laws in his home country, but engages in practices that would be clearly illegal under U.S. environmental laws. Suppose the ...
4 votes
1 answer
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Breaking Laws in Different Jurisdictions

I am a citizen of the United States of America. As such, it is illegal for me to--to take an extreme example--murder. However, say I am going on vacation to a little nation where it is not illegal to ...
13 votes
2 answers
1k views

What is it called when a country's laws apply to its citizens outside the country?

Suppose that a European country X (e.g. Germany) has a law against adults sleeping with people under the age of 16. Such a law, in this instance, would apply to anyone in German territory. But ...
16 votes
5 answers
13k views

What happens if you break a law in another country outside of that country?

Let's say I wanted to deliver a book that is banned in Bob's country. This book is not banned in my country. I understand that if I go to his country to deliver it, I may get arrested, because I'm ...